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Defendant
A Imprisonment with prison labor for eight months and for six months, respectively.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[Majority Relationship] Defendant A was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court on June 19, 2015, and the said judgment became final and conclusive on August 27, 2015.
Defendant
BG was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Seoul Central District Court on December 31, 2014, and the said judgment was finalized on January 8, 2015. On October 16, 2015, the Seoul Central District Court sentenced two years of a suspended sentence to six months of imprisonment for fraud, and the said judgment became final and conclusive on October 24, 2015.
[2] The Defendants, as a business club fee, received investments from investors, but failed to pay the profits promised to investors under the pretext of the business, with the intent to attract investments to be paid to the previous investors. Defendant A manages the model as the chairperson of BI (hereinafter “BI”), a corporation established for the purpose of import and sale of stolen fish, and pays the investment money deposited from new investors to the previous investors. Defendant BG, as the representative director of the said corporation, shared the role of attracting investors to invest in dental business.
According to the above plan, Defendant BG, at the first time on October 2013, 2013 BI office located in the Gangnam-gu Seoul Branch of BJ, imported gas carcule from each of the victim BG and sold it for six months.
When making an investment in money, 30% interest can be seen as 6 months only, which means that the investment is made."
However, the Defendants thought that they would be able to pay the money received from the victims to the previous investors, but did not have the intent or ability to distribute the profits to the victims through the business with the money of the victims.
Nevertheless, it is not possible.